4. Establishment of unit of product. A facility must establish its own unit of product to aid the department in accounting accurately for changes in toxics use, toxics release and hazardous waste generation due to business growth or decline. Once established and accepted by the commissioner, a facility's unit of product remains constant from year to year. If a facility changes its products or services so that use of the previously accepted unit of product no longer accurately accounts for toxics use, toxics release and hazardous waste reductions, the facility may petition the commissioner to change its unit of product. The commissioner may establish guidelines to aid facilities in the establishment of unit of product.

5. Progress evaluation; report. Progress toward meeting the statewide toxics use, toxics release and hazardous waste reduction goals may must be evaluated annually by the commissioner based on manifest data, progress reports submitted under Title 37-B, sections 797 and 799 section 2305-A, annual hazardous waste generator reports and other appropriate available information. To determine achievement of statewide reduction goals, the commissioner may adjust the baseline figure to account for changes in the statutory or regulatory definitions of toxic substances and hazardous wastes.

The commissioner shall report biennially on the progress toward meeting the statewide goals established in this section and the adequacy of the goals set by facilities. In evaluating the adequacy of facility goals, the commissioner may not consider the statewide goals.__The report must include a listing of all facilities subject to the requirements of this chapter, the planning status of each facility, the goals set by each facility and the progress made by each facility, excluding any information entitled to protection as confidential information or a trade secret pursuant to section 1310-B; section 2307-A, subsection 5; or Title 37-B, section 800.__The report must also include, for informational purposes, summaries of the use and release of toxic and hazardous materials not subject to the provisions of this chapter for which the department maintains informational, planning or regulatory programs.__The commissioner shall submit the report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15th of each odd-numbered year.

6. New facilities. Facilities constructed after the effective date of this chapter should be designed to minimize